Getting US Work Visa from Canada: Application Process

Wondering whether getting a US work visa from Canada is possible? Of course, Canadians can get US work visas from Canada, allowing them to travel to the US for employment purposes. 

This guide explores how to apply for US work visa from Canada. It discusses everything a Canadian applying for US work visa from Canada needs to know, including different visa categories, application processes and timelines, and post-processing onboarding. 

TN Visa Expert facilitates applications by helping applicants organize documents and application packets. 

Start With Eligibility And Category Selection

There are different types of US work visas, each designed for specific roles and qualifications. Thus, the first step to getting US work visa from Canada is determining the visa you are eligible for by virtue of your qualifications. It should be said that many work visa applications fail not because the individual is not qualified, but because the visa chosen does not fit the role. 

Thus, before preparing documents:

• Check that there’s a visa category for your profession, job title, and duties
• Check that you have the educational and professional qualifications the visa category requires
• Check whether your employer can sponsor you for a US work visa or if you need to secure new US employment   

Confirm Who Files First And Where

After determining the right visa category, the next step is to understand who initiates the application and where it’s filed. 

For most visa categories, the US employer files the petition (Form I-129), and after this is approved, the applicant attends a visa interview at the consulate in Canada. 

However, it is different for the TN visa. Canadian applicants can apply for the TN visa at a US Port of Entry when entering the US. When already in the US, applicants can file an I-129 with the USCIS for TN visa extensions.

The Port of Entry (POE) application is popular not only for its simplicity but also for its processing speed. While USCIS processing can take up to 6 months, POE applications are adjudicated on the spot.

Employer Petition Workflow For Petition-Based Visas

When sponsoring an applicant for a work visa, the US employer typically does the following: 

• Obtain a Labor Condition Application (LCA) from the US Department of Labor
• File Form I-129 (Petition for Nonimmigrant Worker)
• Provide evidence showing how the job and the individual qualify for the visa category
• Pay various filing fees
• Pay for premium processing if they need a decision in 15 calendar days instead of the 4-6 month wait for standard processing  
• Receive the I-797 (Notice of Approval) if the petition is approved

TN At The Border For Canadian Professionals

Canadians have the privilege of being able to walk straight to the US-Canada border with their TN documentation and request a TN visa, without prior application to the USCIS.

TN documentation needed for border application includes: identity document (passport), proof of educational qualifications, professional license (if required for your job), and employer support letter.

The TN employer letter is not the same as your job offer letter. It’s a specialized letter that should show how you and your job qualify for the TN visa. It should include:

• Your job title (which must match a TN-listed profession)
• Your job description (which must match what professionals in the TN profession typically do)
• The US work location
• Your remuneration details
• The duration of the engagement

At the border, an immigration official will review your documents and ask you a few questions. If your case needs more review, a secondary inspection ensues, where other officers will scrutinize your documentation a little closer. If approved, you’ll receive TN status and can proceed into the US.

Contact TN Visa Expert for assistance in drafting a strong employer letter and organizing your application packet.  

Consular Application Path After Petition Approval

For Form I-129 applications, once the petition is approved, the applicant needs to complete the DS-160 (online nonimmigrant visa application), pay the MRV fee (the standard application fee for most nonimmigrant visas), and schedule an interview at the consulate in Canada.

Each of these steps is discussed in detail below.

Create The DS-160 Without Errors

It’s important to fill out the DS-160 carefully. Here’s how to:

Step 1: Start a new application and take note of your Application ID

Step 2: Fill out the Personal Information sections. Ensure your name appears exactly as it appears on your passport, and that your date of birth and place of birth match official records.

Step 3: Complete the travel purpose section. Select the correct visa class, and provide a complete itinerary for your stay in the US (if known).

Step 4: Provide previous US travel information. Enter all requested information, such as previous US visa held and entry dates. 

Step 5: Enter address and phone information

Step 6: Provide passport information

Step 7: Enter your US point of contact information. Enter your US employer’s name and address as on the employer letter. 

Step 8: Provide Family Information 

Step 9: Enter work, education, and training information

Step 10: Answer all the security and background questions. If answering yes to any question, enter a brief and factual explanation.

Step 11: Upload a photo

Step 12: Review everything and submit the form 

Step 13: Save and print the DS-160 confirmation page with the barcode. You need this to schedule and attend your visa interview. 

Pay The Visa Fee And Book Your Interview

After submitting your DS-160, the next step is to pay your visa fee. You can make a payment online using a debit card. Next, use the payment confirmation code to schedule an interview at a US consulate in Canada. To do this, log in to your profile on the US visa appointment service site, enter your DS-160 confirmation barcode and MRV receipt number, and then choose your consulate location.

If your family members are applying as well, link their profiles under your account and book group appointments. However, you’ll need to complete a DS-160 (and pay MRV) for each family member.

Wait times for the interview can take a few days or several weeks, depending on the consulate. 

Prepare Documents For The Consular Interview

Next, organize the documents you need for the visa interview. You will need to bring both originals and photocopies. Here’s a list of documents you should prepare: 

• A valid passport
• The printed DS-160 confirmation page with barcode
• Visa appointment confirmation letter
• I-797 Approval Notice (Applicable for petition-based visas)
• Employer letter
• Academic credentials (degrees, diplomas, and transcripts)
• Professional licenses or certifications (for roles that require them)
• Resume or CV
• Proof of ties to Canada (home property, family, or other commitments)
• Visa fee receipts

Check TN Visa border interview tips

What Happens On Interview Day

The consular interview is the final step before the visa is issued. Plan to arrive 15-30 minutes early.

Expect airport-style security screening. So, leave electronics, liquids, and unnecessary items at home, and go with only your documents and essentials.

Also, expect to have your fingerprints scanned and your photo taken as part of the biometric screening process. For the interview proper, a consular officer will ask about your job, employer, qualifications, and US stay intentions. Provide clear, concise, and honest answers.

Expect one of three outcomes:

• Your visa is approved. The officers will take your passport to affix the visa stamp. You’ll be told when to return to pick it up (which is usually a few days after)
• Your visa is denied. You’ll be given a written explanation for the refusal, and this will include the section reference (the part of US immigration law that explains the reason for refusal).
• Your visa application is on hold. If the officers need additional verification, your application will be put on hold under section 221 (g). You’ll receive instructions on what evidence to submit and how to follow up. 

When Your Case Is In Administrative Processing

If your visa interview ends with a 221(g), your case is in administrative processing. This is not a denial. It simply means the consulate needs more information to make a final decision.  

Submit the requested additional documents, following every instruction on your 221 (g) notice. Each administrative processing case moves at its own pace. While many are resolved within a few weeks, complex ones can take several months. Avoid repeated enquiries to the consulate, as that doesn’t speed up processing. Instead, check your status regularly on the Consular Electronic Application Center (CEAC) website using your DS-160 number.  

E Visa Filing Specifics For Traders And Investors

The E visa (E-1 treaty trader and E-2 treaty investor) is for people from countries that have treaties with the US, which includes Canada. Canadians apply for this visa through a US consulate in Canada. 

You need the following to satisfy the visa requirements:

• Proof of Canadian nationality
• Evidence of substantial trade between the US and Canada (for E-1 visa) or investment (for E-2 visa) of funds in an active US business
• Comprehensive business plan
• Financial and operational evidence, such as tax returns, contracts, invoices, and payroll records
• Organizational chart showing company structure and key roles 

E visas are non-immigrant visas, but they can be renewed indefinitely.

Contact TN Visa Expert to help assemble your documents and review your application for completeness and accuracy.

Bring Your Dependents The Right Way

A Canadian applying for work visa in US can take their dependents with them. But this must be in the right way, as each visa category has its own dependent visa requirement.

For example:

• Dependents of TN visa holders can apply for TD visas. They can study in the US but cannot work.
• Dependents of H-1B visa holders can apply for H-4 visas. H-4 spouses can apply for work permit if the H-1B visa holder is advanced in their green card application, but H-4 children cannot work.
• Dependents of L-1 visa holders can apply for L-2 visas, and this allows them to work. 
• Dependents of O-1 visa holders can apply for O-3 visas, but cannot work in the US.

Generally, each dependent accompanying you to the US must file their own DS-160 and attend an interview. 

After Approval, Visa Issuance, and Passport Return

After your visa is approved, your passport is kept by the consulate so that the visa sticker (foil) can be printed and attached. The visa foil list details like your visa category, number of entries allowed, visa validity period, and issuing post.

You’ll receive an email once the visa foil has been attached and your passport is ready. Then, you can pick it up in person at the consulate or have it delivered via courier, depending on the option you selected when booking your appointment.

But you can check your visa application status at any time at ceac.state.gov/CEAC using your DS-160 barcode number. As a Canadian, you don’t have to worry about reciprocity fees after approval, except that you have dual nationality and your other country requires them. 

Entering The United States And Getting Your I-94

After receiving your stamped passport, the next step is to enter the US. At the entry point (a US airport, land border, or pre-clearance facility in Canada), an immigration officer will review your passport and documentation.

If the officer admits you, they’ll enter your record in the I-94 system. This record shows your visa category and authorized duration of stay. After entry, visit cbp.gov/I94 to download your I-94 card. Confirm that your details (name, class of admission, and expiration date) are correct, and correct errors as soon as possible at a Deferred Inspection site or port of entry. Always have a copy of your I-94 records, as it simplifies employment verification and extension filings. 

First Week In The U S Onboarding Essentials

Your first week in the US is when you finalize your work authorization and get ready for payroll and taxes.

First, you need to complete Form I-9 (Employment Eligibility Verification) with your employer to prove your identity and work authorization. For this, you need your passport, visa, and printed I-94.

Next, visit a Social Security Administration (SSA) office and apply for a Social Security number (SSN). You’ll require your passport, visa, I-94, and employment letter. After the SSN is issued, submit it (together with your US bank account details) to your employer so they can set up your payroll. 

Lastly, you fill out Form W-4 (for federal tax withholding) and any state-specific tax forms.

Typical Timelines And Premium Processing Choices

Processing of petition-based visas can take up to 6 months. However, for an additional fee, the USCIS offers premium processing, which guarantees a response in 15 calendar days.

After the petition is approved, the next phase, which is scheduling an interview at a US consulate, usually takes 1- 4 weeks. If the visa is approved, it takes another 3 – 10 business days for the consulate to attach the visa foil to your passport and return it.

Fee Planning And Cost Visibility

Before starting your work visa process, it’s good to understand the financial implications. Here are the fees that apply to Canadians applying for US work visa from Canada.

• Form I-129 filing fee (paid by the sponsoring employer) 
• Fraud prevention and detection fee (paid by the employer)
• Premium processing fee (paid by the employer or the beneficiary/applicant, depending on the company policy)
•  Machine Readable Visa fee (paid by the applicant when completing the DS-160)
• Reciprocity fee (paid by some applicants with dual nationalities)
• Credential evaluation cost for visas that require a degree equivalency assessment (paid by the applicant)
• Translation costs (paid by the applicant)
• Travel and logistics costs (paid by the applicant) 

Frequent Mistakes And How To Avoid Them

Some Canadians applying for US work visa make certain mistakes that result in delays or denials. Here are some of these mistakes and how to avoid them.

• Wrong visa match: Applying for a visa one does not qualify for, such as using the TN visa when your job is not among the TN-listed occupations.
  Quick fix: Ensure your job title, duties, and qualifications qualify for a visa category before applying.  
• Vague employer letter: Submitting an employer letter that lacks clear details about your role.
  Quick fix: Contact TN Visa Expert for help in drafting a strong employer letter that includes all relevant details. 
• DS-160 inconsistencies: Information in your DS-160 does not match certain details in your petition.
  Quick fix: Cross-check all forms for accuracy before submitting them. 
• Expired passport: Using a passport that has less than six months’ validity
  Quick fix: Renew your passport in advance
• Missing originals: Going for your visa interview or the Port of Entry with only photocopies of your documents
  Quick fix: Go with both originals and clear copies of all documents
• Ignoring I-94 dates: Forgetting to check the expiry date on your I-94 record and unintentionally overstaying your visa.
  Quick fix: Check your I-94 records for your visa expiration date. Set calendar reminders so you don’t forget.   
• Unclear intent for non-immigrant categories: Suggesting that you have plans for permanent residency when you’re pursuing a non-immigrant visa.
  Quick fix. Be clear that your intent is a temporary stay in the US and that you’ll return to Canada when your work visa expires.

When Professional Help Makes The Difference

Many Canadians attempt to go through the process on their own, only to end up with regrets when their visa applications are denied. Expert guidance can save you time and help you avoid errors that lead to denials. This is especially important when you need to draft a strong employer letter for a TN visa, prove corporate relationship for an L-1 visa, prove extraordinary ability for the O-1 visa, organize a compelling business plan for an E-2 visa, or respond to 221(g) requests.  

Contact TN Visa for eligibility review and packet preparation. 

Final Steps Before You Travel

When you’re ready to travel to the US, take a moment to double-check everything. Check that your visa details are accurate and that you’ve packed all original documents. Also, plan your entry well so your arrival date matches your job start date. And once you enter the US, check your I-94 record for accuracy. TN Visa Expert is a trusted immigration service that has helped many Canadians like you realize their American dream. Want to travel confidently? Start your document review with TN Visa Expert!